[2024] KEHC 397 (KLR)
The court found that, despite the accused's remorse, first offender status, and mitigating circumstances including provocation, the gravity of the offence—unlawful killing with excessive force—necessitated a custodial sentence. The court determined that a custodial sentence would serve both punitive and...
Source-derived case information.
- Citation
- [2024] KEHC 397 (KLR)
- Parties
- Respondent: State; Defendant: Kevin Odhiambo Oduor
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E031 of 2023
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- DO Ogembo
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, Provocation, Custodial Sentence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Respondent
Kevin Odhiambo Oduor
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the accused's mitigation and remorse warrant leniency in sentencing.
- 3 Whether the circumstances of provocation reduce the accused's culpability.
Ratio Decidendi
The court found that, despite the accused's remorse, first offender status, and mitigating circumstances including provocation, the gravity of the offence—unlawful killing with excessive force—necessitated a custodial sentence. The court determined that a custodial sentence would serve both punitive and rehabilitative purposes, allowing the accused time for reflection and rehabilitation. The sentence was set at 10 years imprisonment, to run from the date of first arraignment, reflecting the seriousness of the offence while taking into account the mitigating factors presented.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve 10 years imprisonment for manslaughter.
- The sentence shall run from 18-9-2023, the date the accused was first arraigned before court.
Full Case Text
Judgment text and source record
22 paragraphs
State v Oduor (Criminal Case E031 of 2023) [2024] KEHC 397 (KLR) (25 January 2024) (Sentence)
Neutral citation: [2024] KEHC 397 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E031 of 2023
DO Ogembo, J
January 25, 2024
Between
State
Prosecution
and
Kevin Odhiambo Oduor
Accused
Sentence
1. The accused person Kevin Odhiambo Oduor was presented before this court with a charge of murder contrary to Section 203 as read with section 204 of the Penal Code. However, following a successful plea bargaining agreement, he has pleaded guilty to the lesser charge of Manslaughter Contrary to section 202 as read with section 205 of thePenal Code. The facts of the case are that on the night of 8-9-2023 at Kamriambo Village, Got Osimbo Sub-Location, in Uholo East Location within Ugunja Sub-County, Siaya County, he unlawfully killed Vincent Oduor Agaya.
2. The accused has similarly pleaded Guilty to the fact surrounding the case. He has accordingly been convicted of the offence on his own plea of Guilty.
3. In mitigation, the accused through his advocate Mr. Ooro F, has pleaded for leniency. That he is a first offender who is in conflict with the law only for the first time. That he is remorseful for this incident. That he is a father of two children being 10 and 3 years old respectively. He has prayed for a non-custodial sentence.
4. I have considered the mitigation of the accused. I have also considered the circumstances of this case. A life was lost by the action of the accused. Yes, accused may have been provoked. But he ought to have exercised restraint. Accused cut the deceased severally. The force he used was excessive in the circumstances.
5. I have also considered the Probation Officer`s Pre-Sentence Report which otherwise stresses the fact that accused is a first offender and is remorseful.
6. I am convinced that accused deserves a custodial sentence which will give him the opportunity to reflect on his emotional and character and also to undergo rehabilitation. In the circumstances, I sentence the accused to serve 10 years imprisonment.
7. This sentence shall run from 18-9-2023 the date accused was first arraigned before court. Right of Appeal 14 days explained to accused.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JANUARY, 2024D.O. OGEMBOJUDGE25. 01. 2024Court:Sentence read out in Open court in the presence of accused, Mr. Ooro F. for accused and Ms. Mumu for the State.D.O. OGEMBOJUDGE25. 01. 2024